Reckless conduct that endangers life is an offence whereby the actions of one person place another person or people in danger of death. The maximum penalty applicable to reckless conduct endangering life is 10 years in prison.
The law regarding reckless conduct endangering life
A person, without lawful excuse, recklessly engages in behaviour that places or may place someone else in danger of death, has committed an indictable offence. It is up to the police and prosecution to prove beyond a reasonable doubt that a person has committed this offence, with the following requirements for a conviction:
- That the offender engaged in the conduct
- That this conduct placed a person in danger of death
- The offender behaved like this voluntarily
- A reasonable ordinary person would know that this behaviour could result in death of another person
- The conduct was committed recklessly, despite the foreseeable outcome of the danger of death
The police or prosecution can’t convict just because someone’s life was threatened – in fact the person must be proved beyond reasonable doubt to have deliberately and recklessly engaged in the activities. For example, very fast driving or pointing a loaded gun at someone could be construed as reckless conduct endangering life.
Possible defences for reckless conduct endangering life charges
If any of the elements of the requirements for a conviction are missing, then the charge is unlikely to stick, since those are the basis of the charge. The behaviour was in fact committed by who the police said it was, on purpose, was reckless, voluntary, and had the danger of death, with a reasonable person knowing of these facts. Remember, prosecutions are not about providing guilt, but proving beyond reasonable doubt that those facts remain true after evaluation.
Self-defence against the alleged victim may also be a defence invoked, with self-defence requiring the alleged victim to have provoked the offender. The offender, therefore, was actually acting in self-defence, and not acting recklessly and endangering life. This takes away a required element of the prosecution’s defence.
Acting under duress may also be applied, if a person was acting under pressure from another person or people.